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Product liability assignment
Product liability underwriting
Product liability assignment
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The topic I chose is Product Liability. Product liability is designed to help small business owners in circumstances where a customer purchases one of their products, and an issue with that product causes the customer bodily injury or property damage. When a problem like this occurs, the business owner may be held responsible for the damages if the source of the issue can be traced back to the business. Flawed or dangerous products are the cause of thousands of many injuries every year in the United States. Product liability law has rules concerning who is held accountable for defective or dangerous products and is different from ordinary injury law. This set of rules occasionally makes it easier for an injured person to recover damages. There …show more content…
Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. The law entails that a product meets the everyday expectations of the consumer. When a product has an unpredicted defect or danger, the product cannot be said to meet the normal expectations of the consumer. There is no federal product liability law. Usually, product liability claims are based on state laws, and brought under the concepts of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product …show more content…
A product does not need to present the obvious possible dangers like a chainsaw to require adequate warnings as to misuse or risks. In Indiana, the failure to provide understandable warnings or instructions on any consumer product, where they are necessary, renders a product defective under the Indiana Product Liability Act. Under the Act, a product is defective if the seller fails to correctly package or label the product to give reasonable warnings of danger about the product; or give reasonably complete instructions on proper use of the product. When the seller by exercising reasonable diligence, could have made such warnings or directions accessible to the user or
A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
Homebuilt aircraft are considered to be the fastest growing segment of aviation during the last two decades. Naturally with the increase in these aircraft will also come an increase in accidents. Accidents like the 1997 Long E-Z crash that killed John Denver have raised questions about who is legally liable: the kit manufacturer, amateur builder, or pilot? (Kolczynski, 1) Homebuilt aircraft liability litigation is expected to develop into a booming new industry in the coming future.
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
In the United States, most of the states adopted the provisions of commercial law that are largely governed by the provisions and requirements of the Uniform Commercial Code. Up to date, 49 states have applied the rules that concern the Code, only having Louisiana using parts of it.
The most common type of premise liability claim is slip and fall. If you have been involved in a slip in fall in a business or premises, contact a firm
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
For example, a person crossing the street against the light may be hit by a car. In this situation, both the driver and the pedestrian played a role in the accident, thus any damages awarded to the pedestrian may be reduced by an amount determined by the court. The court figures this amount by calculating to what extent each party was responsible for the
I chose the topic of transgenderism. Transgender is when an individual tries to switch genders. Transgender comes from the Latin words trans, meaning “across.” Transgender literally means “across gender.” Many trans-individuals decided later on in their lives that they want to switch genders, and other people argue that they were born the wrong gender. Trans-people experience many difficulties throughout their lives. Switching genders makes their lives more challenging, because of many reasons. Their lives are more challenging because of their religion, whether or not they are accepted. The military is very strict, and will not accept trans individuals whatsoever. Insurance companies sometimes will not accept them as well. Trans people are not always accepted by certain occupations. Growing up in schools, trans people are all treated differently regarding to which bathroom/locker room to use. There is a huge debate whether or not trans students are even allowed to participate on sports teams, and if they are, which team to be on. Other obstacles such as birth certificates, passports, and driver’s licenses are all major issues as well. Trans people have to decide if they are willing to come forward, and say ‘This is who I am.’ But before trans-people can come out to other, they must come out to
My chosen topic is minimum wages increasing in the United States. This topic came from the idea from the news. It was brought up in the discussion. This topic was interesting because I work at a retail store in New Jersey. The wages in New Jersey are seven dollars and twenty five cents. In 2014 it will be a dollar up so it is going to be tough because prices will rise. This topic affects me because now I worked as a minimum wage worker so I get pay by an hour. If the wages rise then something will decrease and increase.
The Consumer Product Safety Act states that any company that receives numerous complaints about a products defects must report these claims to the CPSA. According to the CPSA reporting responsibilities belong to manufacturers, importers, distributors and retailers of consumer products. Each is required to notify the Commission if it obtains information which reasonably supports the conclusion that a product fails to comply with a consumer product safety standard or banning regulation. Also if the product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury, or death to the consumer.
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A
A hazard is a potential damage, adverse health or harm that may effects something or someone at any conditions. Other than that, the risk may be high or low, that somebody could be harmed depending on the hazards. Risk assessment is a practice that helps to improve higher quality of the develop process and manufacturing process. It is also a step to examine the failure modes of the product in order to achieve higher standard of safety and product reliability. Unfortunately, it is common that a product safety risk assessments are not undertaken, or not carried out effectively by manufacturer. Mostly an unsafe and unreliable product was produced and launched on to the market. Thus, the safety problems are mostly identified after an accident happened or after manufacturing problems arisen. In order to prevent risk, a person should take enough precautions or should do more to prevent them because as a user should be protected from harm that usually caused by a failure for whom did not take reasonable control measures.